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NLJ this week: Practical steps for employers on ‘failure to prevent…’

18 April 2025
Issue: 8113 / Categories: Legal News , Regulatory , Commercial , Employment , Fraud , Governance , Harassment
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The dizzying array of regulatory requirements facing UK businesses is about to increase, with new ‘failure to prevent fraud’ duties in force in September and the proposed duty to prevent sexual harassment. In this week’s NLJ, Kerry Garcia, partner and head of employment, immigration & pensions, and James Evison, partner, at Stevens & Bolton, offer some practical steps for employers.

Garcia and Evison note that the incoming duties (bearing in mind the duty to prevent sexual harassment is currently a provision in the Employment Rights Bill) ‘signify a major shift in corporate governance’. They build on existing duties to prevent bribery, tax evasion and illegal working, and come amid increasing willingness on the part of the government to crack down on non-compliance.

The authors write: ‘Achieving these laudable aims through new regulatory measures and increased compliance action will place additional burdens on business—even those with a good track record on these issues. There is a clear tension between the government’s aim of driving behavioural change for businesses and, at the same time, its hope that those businesses will generate UK economic growth.’

MOVERS & SHAKERS

Hugh James—Phil Edwards

Hugh James—Phil Edwards

Serious injury teambolstered by high-profile partner hire

Freeths—Melanie Stancliffe

Freeths—Melanie Stancliffe

Firm strengthens employment team with partner hire

DAC Beachcroft—Tim Barr

DAC Beachcroft—Tim Barr

Lawyers’ liability practice strengthened with partner appointment in London

NEWS
Tech companies will be legally required to prevent material that encourages or assists serious self-harm appearing on their platforms, under Online Safety Act 2023 regulations due to come into force in the autumn
Commercial leasehold, the defence of insanity and ‘consent’ in the criminal law are among the next tranche of projects for the Law Commission
The Bar has a culture of ‘impunity’ and ‘collusive bystanding’ in which making a complaint is deemed career-ending due to a ‘cohort of untouchables’ at the top, Baroness Harriet Harman KC has found
Lawyers have broadly welcomed plans to electronically tag up to 22,000 more offenders, scrap most prison terms below a year and make prisoners ‘earn’ early release
David Lammy, Ellie Reeves and Baroness Levitt have taken up office at the Ministry of Justice, following the cabinet reshuffle
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